Digitized  by  the  Internet  Archive 
in  2010  with  funding  from 
Duke  University  Libraries 


http://www.archive.org/details/rulesofdistrictcOOconf 


RULES 


OF  THE 


DISTRICT    COURTS 


of  Tin-: 


%  m 


FOR  THE 


'DISTRICTS  OF  GEORGIA, 

UNDER  THE  ACT  ENTITLED  * 

'AX  ACT  FOE    THE  SEQUESTRATION  OF  THE  ESTATES,  PROP- 
ERTY AND  EFFECTS  OF  ALIEN  ENEMIES." 

TOGETHER   WITH  THE 

ACT   OF   CONGRESS. 


i 


W 


SAVANNAH: 
H  0  R  N  E    W  I  L  L  I  A  M  S 

L861. 


Entered,  according  to  an  ;i"r  ■  '<  .  Thorns 

Willi      -.     -    P    pi  •  •  >r,  in  the  Clerk'  irt  foi 

the  South 


EQ U ESTR  ATION  RUL ES 

In  the  (Confederate  %U\Uz  (fourth 

FOR  THE  DISTRICTS  OF  GEORGIA. 


•-^' 


Rules  of  Procedure,  under  the  Act  entitled  "An 
Act  for  the  Sequestration  of  Estates,  Property 
nd  Effects  of  alien  Enemies,  and  for  the  indem- 
nity of  Citizens  of  the  Confederate  States,  and 
persons  aiding  the  same  in  the  existing  war  with 
the  United  States,"  approved  30th  August,  1861  ; 
heing  in  addition  to  the  Instructions  of  the  Attor- 
ney General  to  Receivers,  and  the  Rule  of  prac- 
tice prescribed  by  that  officer  in  regard  to  the 
returns  of  garnishees. 

RULE  I. 
Whenever;  under  the  3rd  Section  of  said  Act, 
the  Receiver  shall  have  any  property  or  credits  of 
an  alien  enemy  placed  in  his  hands,  he  shall  at 
once  file  with  the  Clerk  of  the  proper  District,  a  pe- 
tition setting  forth  a  statement  of  the  property  or 
credits  so  taken  possession  of,  and  praying  that  the 
same  he  sequestered  for  the  Confederate  States; 
and  the  Cleric  shall  thereupon  docket  the  same  as 
the  case  of  the  Confederate  States  against  such  alien 
enemy.  If.  at  the  ensuing  term,  no  objection  be 
made.  der  of  sequestration  will   be  granted, 


P349Q7 


unless  some  adverse  claimant  shall  intervene.  Such 
adverse  claim  can  only  be  put  in  on  the  terms  pre- 
scribed by  Section  «th  of  said  Act. 

LE  I!. 
The  Clerk  shall  keep  a  docket,  specially,  for  all 
cases  so  filed,  and  all  cases  of  garnishment  or  other 
suits  under  said  Act,  separate  from  the  other 
u  ts;  and  said  do<  ket  shall  be  headed  Sequestra- 
tion Docket.  In  c  !  •<•  >f  suit  to  recover  property 
or  debts,  and  garnishment  against  the  same  defend- 
ant or  defendants,  one  entry  shall  suffice;  but  gar- 
nishment shall  he  stated  to  have  issued,  with  the 
name  ol  the  garnishei  garnishees;  and,  in  case 
of  traverse  of  any  hment  return,  the   issue 

shall  he  tried  according  to  the  terms  of  said  Act 
and  ill''  ordinary  rules  of  proceeding  in  like  cases. 

Nothing  in  the  foregoing  Rules  shall  be  construed 
t  i  prevent  the  Receiver  from  serving  informants 
with  garnishment,  and  with  interrogatories  as  to|any 
matter  pertinent  thereto;  and,  in  ease,  of  such  ser- 
:  entry  of  the  same  shall  bo  made  on  the 
docket  of  the  petition  an  ment  provided  for  in 

Rule  I  :  and  t he  garnishee  shall  be  dealt  with  as 
other  garnishees  who  may  not  have  given  any  iu- 
fom 

.  IV. 

In  cases  where  th  siver  c                       session 

of  prop  I    out    litigation,   lie   shall, 

up  lion   and  statement  with 

the  •           .ind  having  the   case   docketed,  apply  to 


the  Court  or  Judge  for  instructions  or  orders,  pursu- 
ant to  Section  20th  of  said  Ac!  :  but  such  instruc- 
tions and  orders  shall  be  subject  to  modification  or 
repea',  for  proper  causes  appearing  to  the  Court  or 
Judge.  Applications  for  instructigns  shall  be  by- 
petition,  stating  the  instruction  asked,  and  the  prop- 
erty concerning  which  it  is  asked.  And  when  any 
person  has  an  interest  in  or  a  lien  on  or  claim  to  the 
property,  which  may  be  affected  by  such  instruction, 
notice  of  such  application  shall  be  given  to  such 
person;  and  he  or  she  may  be  heard,  touching  the 
premises,  if  the  Court  or  Judge  shall   so  desire. 

The  costs  of  all  orders,  and  instructions  to  the 
Receiver,  and  of  orders  for  the  protection  of  garni- 
shees and  informants  acting  in  good  faith  in  com- 
pliance with  the  terms  of  said  Act,  shall  be 
chargeable  to  the  fund  of  the  particular  case  in 
which  such  Instruction  or  order  may  he  given  ;  and 
such  costs,  where  not  expressly  provided  for  by 
law,  shall  be  the  same  as  in  analogous  cases. 

]    VI. 

In  all  cases  of  application  for  "  orders  of  seizure," 
tinder  the  6th  Section  of  said  Act,  the  application 
therefor  by  the  Receiver  may  be  either  in  the  origi- 
nal petition  of  suit,  or  by  a  supplemental  petition 
in  the  nature  of  a  petition  pendente  lite.  In  either 
case,  the  necessity  for  the  seizure  must  be  shown  in 
the  petition;  and,  if  the  order  is  asked,  pendente 
lite,  the  reason  of  the  delay  for  such  application 
must  also  be  stated,  unless  the  petition  shall  show 
that  the  necessity  occurred  pending  the  litigation. 

PM9Q7 


e  the  Court 
a  chose  in  '    right  of  an 

:.  m  oi   such 

at,  the  :  A  shall  suggest,  in 

wrii       }  that  the  o  return  of 

tion   or  other    incorporeal   right,  a 
rule   nisi,   for   attachment  •  may 

issii'  .  r  the  order  of  the   Court;  and  the  same 

shall*  b<  absolute,  or  not,  according  to  the  cir- 

cumstances of  the  case;  but    nothing   in  tiiis   Rule 
11  be  construed  to  interfere  with  the  right  ot  the 
r  to  traverse  the  garni:-,  ans\     .    as  pro- 

vider! fur  in  the  8th  Section  id  Act. 

LE    \ 

Whenever,  on  issue  joined  between   the  Confed- 
td  the  opposite  party,  the  finding  shall 
icific  articl<  "op- 

•1  or  personal,  of  an  alien  enemy,  jn 

shall   b<  >»   the    ordinary    and 

ire  ;  but    the   Court  may,   in 
1  cruise   shown,  enforce  the  judg- 
attaching   the  person  in  possession  until 
lelivere  urned  over  to  the 

»r  turning  over   be  prac- 
\\(\  this  Rule  shall  apply  to  money  speci- 
fically admi  i  be   in  his  hands 
and   belonging  to   an  alien  enemy,  and   where   no 

\vn  why  such  money  is  not  delivi 
to  the  Receiver. 


RILE  i:  . 
Whenever,  under  the  6th  Section  of  said  Act,  ap- 
plication shall  be  made,  by  or  on  behalf  of  any 
debtor,  or  person  in  whose  hands  property  may  be 
seized,  and  who  may  be  in  possession  of  said  prop- 
erty, for  the  remaining  of  such  credits  or  property 
in*the  hands  or  control  of  such  person,  such  appli- 
cation shall  be  by  petition  to  the  Court  or  Judge, 
stating  all  the  facts  of  the  case,  under  oath,  and  that 
all  the  terms  or  conditions  imposed  by  said  Act  have 
been,  or  are  ready  to  be,  complied  with,  by  such 
party.  If  the  application  be  not  by  the  Receiver,  the 
same  shall  be  notified  to  him,  and  he  shall  be  al- 
lowed a  reasonable  time,  to  be  judged  of  by  the  Court 
or  Judge,  for  filing  his  assent,  to  or  dissent  from  the 
application,  and  the  reasons  therefor.  If  the  appli- 
cation be  allowed,  the  Court  or  Judge  shall  order 
such  terms  to  be  imposed,  and  such  conditions  an- 
nexed to  the  bond,  or  security,  as  each  case  may 
demand.  If  the  application  be  made,  pending  liti- 
gation for  the  property  or  credits,  the. same  must  be 
accompanied  by  a  certificate  from  the  Clerk  or  Re- 
ceiver that  all  costs  of  litigation  have  been  paid  to 
that  time.  The  bond  or  security  shall  always  be 
payable  to  the  Confederate  States,  and  in  such  sum 
as  may  be  fixed  by  the  Court  or  Judge.  If  granted, 
the  order  must  be  filed  with  the  Clerk,  together  with 
the  application  and  the  bond  or  security;  but  such 
order  shall  always  be  subject  to  revision  by  the  Court 
or  Judge,  and  especially  on  the  contingencies  stated 
in  said  6th  Section. 


8 

RULE   X. 

Re  e  of  property, 

shall  be  by  petition,  stating  the  property  particu- 
larly, the  name  of  the  nemy  as  whose  it  was 
so:       .  rendering 

tli'  »r  pro]  inch  applications, 

with  the  orders  ind<        I,  mii-i  be  filed  of  record. 

\  -  property   or  ■  of  the 

alien  enemy,  against  whi<  h  proceedings  for  seqn  est  ra- 
tion shall  be  had,  may  be  in  th<  >dy  or  possession 
of  any  person  or  persons  not  alleging  any  lien  upon  or 
claim  or  interest  therein,  the  Receiver,  unless  other- 
wise  ordered  by  the  Court,  shall  take  the  same  into  his 
possession,  control  and  management.  And,  in  every 
:  a  person, having  such  custody  or  posses- 
sion, shall  allege  a  lien,  claim  or  interest  in  or  upon 
such  estate,  property  oi  or  his  or  her  benefit, 
or  benefit  of  some  other  person  not  an  alien 
y,  and  in  whose  behalf  he  or  she  is  authorized 
to  allege  such  lien,  claim  or  interest;  the  said  estate, 
property  .  in  his  or  her  hands 
oi  po  i,  on  the  terms  and  conditions  mentioned 
in  said  Act  and  the  foregoing  ninth  Rule. 

RULE  XII. 
In  |  plication    by   the   Receiver  to 

the  District  Attorney,  for  the   institution   of  suit  to 
recover  \  .  ed  alien   enemy,  in  the 

hands  or  ndant  to  the  proposed 

suit,  it  shall  be  the  duty  of  the  Receiver  to  state  in 
writing,  to  the  District    Attorney,  all  the  facts  and 


circumstances  known  to  the  Receiver,  or  of  which 
information  has  been  given  him,  necessary  to  enable 
the  District  Attorney  to  bring  such  suit  under  the 
6th  Section  of  said  Act.  Garnishment  or  other 
proper  process  may  issue,  as  of  course,  to  any  per- 
son in  possession  of  such  property;  and,  on  failure 
to  appear  and  answer  to  such  process,  attachment 
may  issue,  at  the  return  term  of  the  process,  to 
compel  an  appearance  ;  and  such  attachment  shall 
be  relieved  only  on  good  grounds  appearing  to  the 
Conn  that  answer  cannot  be  made.  As  auxiliary  to 
other  procesSjCommissions  may  issue  i'ov  examination 
of  witnesses,  as  in  other  cases;  and  witnesses  may 
be  brought  before  the  Court  by  subpoena,  as  in  ordi- 
nary cases. 

RULE  XIII. 
Every  suit  brought  under  the  6th  Section  of  said 
Act,  shall  be  issued  and  served  at  least  twenty  days 
before  the  return  term  thereof;  and  defendant  shall 
beheld  to  plead  on  or  before  the  first  day  of  that 
term.  Incases  of  judgment  by  default,  whether 
after  personal  or  other  service  of  the  suit,  the  default 
may  be  opened,  with  or  without  costs,  in  the  dis- 
cretion of  the  Court,  on  the  ving  made.  In  all 
cases  of  such  suits,  the  answer  or  plea  filed  maybe 
excepted  to  for  insufficiency  or  other  proper  cause, 
and  the  defendant  be  put  upon- such  terms  as  will 
tend  to  speed  the  cause  ;  and,  in  all  eases  of  gar- 
nishment auxiliary  to  -  it,  such  exceptions  or 
traverses  may  be  filed,  and  such  interrogatories  pro- 
pounded, as  are  provided  for  in  the  8th  Section  ol* 
said  Act ;  and 


conformable  !o  such  Sth  Section.     In   all   cases  of 
iult,  or   oi   in;  nl    answer  or  plea,  the  Dis- 

trict Attorney  may  tain  an  order  to  com- 

nswer  or  plea,  and  take  such   further 
Steps   th  shall    he    within   the  power  of   a 

Court  of  Equity  to  comp        \    1  answer  or  pli 

IV. 

bed    in    said    6th 
ion,  shall  be  rith   the   Cleric,  and  a  copy 

then  r  his  deputy  upon 

the  party   or   parties,   personally,   or   be   left  by  the 
officer  at  the  usual   place  oi  of  such  party  or 

parties:  and  tl  i  r  serving  the  same  shall  make 

due  return  of  rvice  cannot 

ti  therefor.    The  Court  or  Judge 
.  on  application  of  the  District  At- 
torn tke  such   order  for  service  by  publication, 

annot   be   effected,  as   the   case 
to  reqn 

When  the   pi  upon   whom  service  shall  be 

st   the  prayer  of  the 
petition,  or  allege  a  ■  claim  on  the  property 

I  ;  or,  if  other   person    or    persons 
by  ore  iourt,  or 

■ntioii   q  |         n   or   persons, 

'ii    or    ;  I  e    allowed    twi 

day  the  si  notice,  or   his,    her 

ortheii  ,  or  the  the 

ourt,   li 
itiot  . 


11 

RULE  XVI. 

The  District  Attorney  shall,  within  ten  days  from 
the  filing  of  such  answer  or  plea,  file  a  replication 
to  the  same,  unless  the  same  be  excepted  to  for  in- 
sufficiency or  other  cause.  On  the  filing  of  the  re- 
plication, the  pleadings  shall  be  considered  made  up, 
and  the  case  prepared  for  hearing.  And,  if  the 
pleadings  be  made  up,  in  any  case,  during  the 
term,  the  proper  entry  shall  be  made  on  the  docket, 
and  (Fie  case  called  for  trial,  at  that  term. 

RULE   XVII. 

Iii  every  case  of  condemnation  of  property  as 
sequestered  for  the  Confederate  States,  whether  the 
same  be  by  decree  or  judgment,  a  writ  of  sequestra- 
tion shall,  if  asked  for,  be  issued  by  the  Clerk,  for 
the  property  sequestered  in  the  particular  case. 
RULE    XVIII. 

Writs  of  garnishment  shall,  when  issued  in  vaca- 
tion, be  made  returnable  to  the  next  succeeding 
term  :  if  issued  during  the  term,  then  to  a  certain 
day  in  term.  On  or  before  the  return  of  the  writ, 
the  person  to  whom  the  writ  is  directed  shall  file,  in 
the  Clerk's  office,  answers  to  the  writ  ana  interroga- 
tories thereto  annexed.  If  further  time  be  required 
for  making  answer,  such  further  time  will  be  granted 
by  the  Const,  on  proper  and  specific  cause  shown 
on  oath;  and  reasonable  notice  of  such  application 
shall  be  served  on  the  District  Attorney. 

RULE  XIX. 

V.  henever  a  suit  shah  be  brought,  under  Section 
6th  of  this  Act,  for  recovery  of  property  of,  or  debt 
due  to,  an  alien  enemy,  ;,ne  defence  shall   be  made 


"  M 


12 

as  provided  in  the  7th  Section;  but,  if  ihe  party  in 
i  possession  of  such  property,  or  owing  such  debt,  be 
S,  served  with  garnishment  and  interrogatories  only, or 

%     make  voluntary  return,  then  lie  may,  in  his  return, 

if  he  claim  an  interest  in  the  subject-matter  involved 

or  any  lien  on,  or  set-oil'  to,  the  same,  embody  his 

-j    plea  or  answer  in  the  return,   by  complying  strictly 

V     with  the  terms  of  Sections  7th  and  8th  in  regard  to 

pleas;  and  the  judgment  or  decree  rendered  on  issue 

/joined  shall  be  conclusive  in  garnishment  as  in  other 
suit;  and  every  such  defendant  shall,  whether  in 
suit  or  garnishment,  set  out  the  name  and  place  of 
residence  of  any  other  claimant  or  party  in  interest, 
that  the  proper  order  or  proceedings  may  be  made 
or  had  for  bringing  in  such  party.  The  return  or 
answer  of  the  garnishee  may  be  controverted  by  the 
Receiver,  as  under  Section  8tl  .  and  so  much  of  it 
as  professes  to  be  a  plea  shall  be  judged  of  as  in 
cases  of  action  or  suit  under  Section  7th.  When 
any  defence  is  made  or  right  claimed  by  the  garni- 
shee, the  District  Attorney's  name  shall  be  entered 
on  the  docket  for  the  Confederate  States. 

RULE  XX. 
Where,  under  Section  19th,  a  former  partner  of, 
or  person  jointly  interested  with,  an  alien  enemy, 
shall  be  served  with  garnishment,  and  shall  desire 
the  Court  to  sever  such  partnership  or  joint  Interest, 
;^  all  the  tacts  necessary  to  a  proper  understanding  of 
the  case  shall  be  set  forth,  under  oath,  in  the  return 
to  the  garnishment  of  (he  alien  enemy's  interest; 
and,  in  such  return,  the  partner  or  party  jointly  in- 
terested may   petition    the  Court   for  such  order  or 


13 

decree  as  may  he  proper.  Such  return  and  petition 
shall  be  handed  to  the  Receiver,  and  by  him  handed 
to  the  Judge;  and,  if  the  Judge  deem  the  proceed- 
ing regular,  the  Clerk  shall  docket  the  same,  mark- 
ing the  person  making  the  return  asa  party  defend- 
ant in  the  causa  A  cop}-  of  such  proceeding  shall 
be  made  out  by  the  Clerk,  and  by  him  put  into  the 
hands  of  the  Receiver  for  the  District  Attorney. 
The  return  may  be  contested,  as  in  cases  of  gar- 
nishment ;  and  all  the  requisitions  prescribed  by  the 
Act,  shall  apply  to  the  petition  of  the  party  alleging 
an  interest,  as  in  case  of  a  plea.  To  entitle  himself 
to  the  benefit  of  this  Rule,  the  partner  or  person 
jointly  interested  must  make  his  return  and  petition 
in  the  time  limited  by  the  garnishment  process.  As 
far  a^  applicable  by  analogy,  this  Rule  shall  apply 
to  orginal  applications  for  separation  and  settlement 
of  joint  interests  ;  but  the  Confederate  States  shall 
always  be  considered  the  plaintiff,  and  the  petition 
of  the  other  party  be  considered  the  plea,  if  it  con- 
tain all  that  is  required  to  make  a  good  return  to 
garnishment;  and  no  order  shall  be  taken  on  such 
original  petition,  except  upon  reasonable  notice  to 
the  District  Attorney. 

RULE  XXI. 
On  a  return  by  the  proper  officers  of  any  Bank 
or  other  Corporation,  of  the  interest  of  an  alien 
enemy  in  the  stock  thereof,  the  Court  shall  order  a 
transfer  of  the  stock  and  payment  of  dividends  to 
the  Receiver,  or  make  such  other  order  in  the  case 
as  will  effectually  secure  the  rights  of  the  Confed- 
erate States. 

9 


14 

RULE  XXII. 

Every  petition  or  application  on  which  the  Court 
or  Judge  is  to  act  officially,  must,  on  such  action 
being  had,  be  filed  of  record  in  the  Clerk's  oifice ; 
and  all  bonds  or  securities  approved  by  the  Court  or 
Judge,  shall  immediately  be  filed  in  such  ollice. 

RULE  XXIII. 
On  the  first  day  of  each  and  every  month,  each 
Receiver  shall  file,  with  the  Clerk  of  the  proper 
District,  a  true  and  just  account  of  all  matters  in 
his  hands  or  under  his  control  under  the  law,  and 
make  therein  a  just  and  true  account  of  all  matters 
connected'  with  each  estate  of  an  alien  enemy  of 
which  he  is  a  Receiver. 

RULE  XXIV. 

Whenever,  under  any  of  the  foregoing  Rules,  per- 
sonal or  other  service  of  any  petition,  process  or 
other  paper  issuing  from  the  Court,  shall  be  re- 
quired, the  same  may  be  made  by  the  appearance  of 
the  attorney  or  solicitor  of  the  person  or  persons 
named  in  such  petition,  process  or  paper,  and  upon 
whom  the  same  was  directed  to  be  served. 

EDWARD  J.  HARDEN. 

8th  October,  1861. 


AN  ACT  for  the  sequestration  of  the  estates,  prop- 
erty and  effects  of  alien  enemies,  and  for  the  in- 
demnity of  citizens  of  the  Confederate  States  and 
persons  aiding  the  same  in  the  existing  war  with 
the  United  States. 

Whereas,  The  Government  and  people  of  the 
United  States  have  departed  from  the  usages  of 
civilized  warfare  in  confiscating  and  destroying  the 
property  of  the  people  of  the  Confederate  States,  of 
all  kinds,  whether  used  for  military  purposes  or  not; 
and  whereas,  our  only  protection  against  such 
wrongs  is  to  be  found  in  such  incisures  of  retalia- 
tion as  will  ultimately  indemnify  our  own  citizens 
for  their  losses,  and  restrain  the  wanton  excesses  of 
our  enemies:    Therefore — 

Section  1.  Be  it  enacted  by  the  Congress  of  the 
Confederate  States  of  America,  That,  all  and  every 
the  lands,  tenements  and  hereditaments,  goods  and 
chattels,  rights  and  credits,  within  these  Confederate 
States,  and  every  right  and  interest  therein  held, 
owned,  possessed  or  enjoyed  by  or  for  any  alien  ene- 
mies since  the  21st  day  of  May,  one  thousand  eight 
hundred  and  sixty-one,  except  such  debts  due  to  an 
|  alien  enemy  as  may  have  been  paid  into  the  Trea- 
sury of  any  one  of  the  Confederate  States  rior  to 
the  passage  of  this  law,  he,  and  the  same  are  hereby, 
sequ est  rated,  by  the  Confederate  States  of  America, 
and  shall  be  held  for  the  lull  indemnity  of  any  true 
and  loyal  citizen  or  resident  of  these  Confederate 
States,  or  other  person  aiding  said  Confederate 
States  in  the  prosecution  of  the  present  war  between 
said  Confederate  States  and  the  United  States  of 
America,  and  for  which  he  may  suffei  any  loss  or 
injury  under  the  act  of  the  United  States  to  which 
this  Act  is  retaliatory,  or  under  anv  other  act  of  the 


16 

'      ',(i   Stales,  or  of  ai  thereof,  authorizing 

ii  e    si  izui  i  .  i  muatipii    oi  scation   of  the 

1  :      n  idents  of  the  Confederate 

i    aiding    said    Coi  federate 
Stat<  seized  and  disposed  of 

as  proi  :  :     Provided,    ho\*  e\  er, 

when  the  i  state,  property  or  ri  cted  by 

•i.   wei  ol    this 

(''  I  ich    siuce  said 

twenty-first  dj  i   i  shali  operate 

to  such   .  statt  .  and 

all    |  laimin  from  an  ■  the 

day  such  State  so  I  ecame  a  mem  I  i  r  i 

.   not   before:  i  it  it  I  er,  That  the 

provisions  oi  this  Act  shall  not  ]  to  the  si 

or   other   public   securities  of  the  Co.  Gov- 

(  or  of  any  of  the  Stat<  racy, 

lien  en<  my,  or      any  < 
obligation,  or  sum  due  from   the  Con  ite  Gov- 

ernment, or  any  of  the  '  .  to  such  alien  enemy  : 

And  provided,  also,  that  the  provisions  of  this  Act 
shall  not  embrace  the  property  of  citizeus  or  resi- 
dents oi  eithei  ol  the  .  .  ti  s  of  Delaware,  Maryland, 
Kentucky  or  ."•  issouri,  or  of  the  District  of  Columbia, 
or  the   territories  of  N  sico,  Arizona,  or  the 

Indian    Territory  South  of  Kai  except  such  of 

shall  commit  actual  hos- 
tiliii.  inst    the   Confederate    States,   or  aid  and 

abet  the  United    !  in   th<    existing  war  against 

the  Confederate  States. 

Sec.  2.  And  be  it  further  enacted,  That  it  is,  and 
shall  be,  the  dutj  of  each  and  every  citizen  of  these 
i.iederate   Stat(  \  e  information    to 

the  d    with    the  execution  of  this  law, 

of  any  and  every  lands,  tenements  and  heredita- 
ments, goodi  and  chattels,  rights  and  credits  within 
this  Confederacy,  and  of  every  right  and  interest 
therein,  held,  owned,  possessed  or  enjoyed  by  or  tor 
any  alien  enemy  as  aforesaid. 


17 

Sec.  3.  Be  it  further  enacted,  That  it  shall  be  the 
duty  of  every  attorney,  agent,  former  partner,  trus- 
tee or  other  person  holding  or  controlling  any  such 
lands,  tenements  or  hereditaments,  goods  or  chattels, 
rights  or  credits,  or  any  interests  therein,  of  or  for 
any  such  alien  enemy,  speedily  to  inform  the  Re- 
ceiver hereinafter  provided  to  be  appointed,  of  the 
same,  and  to  render  an  account  thereof,  and,  so  far 
as  is  practicable,  to  place  the  same  in  the  hands  of 
such  Receiver;  whereupon,  such  person  shall  be 
fully  acquitted  of  all  responsibility  for  property  and 
effects  so  reported  and  turned  over.  And  any  such 
person  wifully  failing  to  give  such  information  and 
render  such  account  shall  be  guilty  of  a  high 
misdemeanor,  and,  upon  indictment  and  conviction, 
shall  be  fined  in  a  sum  not  exceeding  five  thousand 
dollars,  and  imprisoned  not  longer  than  six  months, 
said  fine  and  imprisonment  to  be  determined  by  the 
court  trying  the  case,  and  shall  further  be  liable  to  be 
sued  by  the  said  Confederate  States,  and  sul>jected 
to  pay  double  the  value  of  the  estate,  property  or 
effects  of  the  alien  enemy  held  by  him  or  subject  to 
his  control. 

Sec.  4.  It  shall  be  the  duty  of  the  several  Judges 
of  this  Confederacy  to  give  this  Act  specially  in 
charge  to  the  Grand  Juries  of  these  Confederate 
States,  and  it  shall  be  their  duty  at  each  sitting  well 
and  truly  to  inquire  and  report  ail  lands,  tenements 
and  hereditaments,  g.^ods  and  chattels,  rights  and 
credits,  and  every  interest  therein,  within  the  juris- 
diction of  said  Grand  Jury,  held  by  or  for  any  alien 
enemy,  and  it  shall  be  the  duty  of  the  several  Receiv- 
ers, appointed  under  this  Act,  to  take  a  copy  of  every 
such  report,  and  to  proceed  in  obtaining  the  posses- 
sion and  control  of  all  such  property  and  effects  re- 
ported, and  to  institute  proceedings  for  the  seques- 
tration thereof  in  the  manner   hereinafter  provided. 

Sec'  5.  Be   it  further   enacted,  That  each  Juds?e 


of  this   Confi 
appoint  a  R 

which  lie  ho  fore 

iiiLr  upon  I  his  office,  to  give  a  bond 

penalM  ay  be  |  •  Judge, 

with  good  and  sufficii  m  security,  to  be  approved  by 

that   he   will   diligenty  and 
faithful  luties  irj  I  upon  him  by 

law.     And  said   office  r  shall   hold  Ins  office  at  the 
f  the  ,T;  ;'  -    district  or  section   for 

which  he  is  appointed,  and   shal  I  for 

incompetency,  or  inefficiency,  or  infidelity  in  the 
the  discharge  of  his  trust  And  should  the  duties 
of  any  such  Receiver,  at  any  time,  appear  to  the 
Judge  to  he  greater  than  can  be  efficiently  performed 
by  him,  then  it  shall  be  the  duty  of  the  Judge  to 
divide  (lie  district  or  section  into  one  or  more 
other  Receivers' districts,  according  to  the  necessities 
of  the  case,  and  to  appoint  a  Receiver  for  each  of 
said  newly  created  districts.  And  every  such  Re- 
ceiver shall  also,  before  entering  upon  the  duties  of 
his  office,  make  oath  in  writing  b<  I  »re  the  Judge  of 
the  district  or  section  for  which  he  is  appointed, 
diligently,  well  and  truly  to  execute  the  luties  of  his 
office. 

Sec.  6.  lie  it  further  enacted,  That  it  shall  be  the 
duty  of  th<  ral   Receivers  aforesaid    to  take  the 

lion,  control   and   mana  I   of  all  lands, 

tenements  and  hereditaments,  goods  and  chattels, 
rights  and  credits  of  each  and  every  alien  enemy 
within  the  section  for  which   h<  And  to   this 

end   he  is  empowered   and  required,  whenever  ne- 
ary  for  accomplishing  the  purposes  of  this  Act, 
to  sue  for  and  recover  the  same  in  the  name  of  said 
Coi.  res,   allowing,   in  the    recovery   of 

credits,  such  delay  as  may  have  been,  or  may  be, 
prescribed  in  any  State  as  to  the  collection  of  debts 
therein  during  the  war.     And  the  form  and  mode  of 


I « 


9 


action,  whether  the  matter  be  of  jurisdiction  iu  law 
or  equity,  shall  be  by  petition    to   the    court,  setting 
forth,  as  best  he  can,   the  estate,  property,  right   or 
thing  sought  to  be  recovered,  with  the  name  of  the 
person  holding,  exercising  supervision  over,  in  pos- 
session of  or  controlling  as  the  ease  may 
be.    and    praying    a   sequestration    thereof.     Notice 
shall  thereupon  be  forthwith  issue:!  by  the  clerk  of 
the  court,  or  by  the  Receiver,  to  such  person,  with  a 
copy  of  the  petition,  and  the  same  shall  be  served  by 
the  Marshal  or  his  deputy,  and  returned  to  the  court 
as   other  mesne   process    in    law  eases;   whereupon, 
the  cause  shall    be   docketed    and   stand  for  trial   in 
the  court  according  to  the  usual  course  of  its  busi- 
ness, and    the    court  or   Judge,  shall,  at  any  time, 
make  all  orders  of  seizure  that  may  seem  necessary 
to  secure  the  subject-matter  of  the  suit  from  danger 
of  loss,  injury,  destruction  or  waste,  and  may,  pend- 
ing the  cause,  make  orders  of  sale  in  cases  that  may 
seem  to  such   Judge  or  court   necessary  to  preserve 
any  property  sued  for  from  perishing  or  waste  :  Pro- 
vided, That  in  any  case  when  the  Confederate  Judge 
shall  find  it  to  be  consistent  with  the  safe-keeping  of 
the  property  so  sequestered,  to  leave  the  same  in  the 
hands  and  under  the  control  of  any  debtor,  or  person 
in    whose    hands  the    real   estate    and    slaves   were 
seized,  who  may  be  in  possession  of  the  said  prop- 
erty or  credits,  he  shall  order  the  same  to  remain  in 
the  hands  and  under  the  control  of  said  debtor,  or 
person  in  whose   hands  the   real  estate  and   slaves 
were  seized,  requiring  in  every  such  case  such  secu- 
rity for  the  safe-keeping  of  the  property  and  credits 
as  he  may  deem  sufficient  for  the.  purpose  aforesaid, 
and  to  abide  by  such  further  orders  as  the  court  may 
make  in  the  premises.     But  this  proviso  shall  not 
apply  to   bank   or  other   corporation   stock,  or  divi- 
dends due  or  which  may  be  due  thereon,  or  to  rents 
on  real  estate-  in  cities.     And  no  debtor  or  other 


20 

person  shall  be  entitled  to  the  benefit  of  this  pro- 
viso, unless  lie  has  first  paid  into  the  hands  of  t lie 
Receiver  all  interests  or  net  profits  which  may  have 
accrued  since  the  twenty-first  of  May,  eighteen  hun- 
dred and  sixty-one  and,  in  all  rases  coming  under 
this  proviso,  such  debtor  shall  be  bound  to  pay  over 
annually  to  the  Receiver,  all  interest  which  may  ac- 
crue as  the  same  falls  due;  end  the  person  in  whose 
hands  any  other  property  may  he  left  shall  be 
bound  to  account  lor,  and  pay  over  annually  to  the 
Receiver,  the  net  Income  or  profits  of  said  property, 
and  on  failure  <>;  such  debtor  or  other  person  to  pay 
over  Mich  interest,  net  income  or  profits,  as  the  same 
falls  due,  the  Receiver  may  demand  and  recover  the 
debt  or  property.  And,  wherever,  aftei  ten  days 
notice  to  any  debtor  or  person  in  whose  hands 
pro]  •    left,  oi"  an  :  rj  lor 

further  security,   it    shall  b  to  the 

satisfaction  ol  the  court   that  t,  iich 

debtor  or  person  •  rl  may,  on 

the  faiii  ent  additional 

mder  ju  ties  on 

bondj  for  the  recovery  of  tl  I  or  property: 

Provided,  further,  That  said    c 
in  the   opinion  of  the  Ju  sof  the  public  exi- 

gencies may  require  it,  order  the  money  due  as 
aforesaid  to  he  demanded  by  the  Receiver,  and  if, 
upon  demand  of  the  Receiver,  made  in  conformity 
to  a  decretal  order  of  the  court  requiring  said  Re- 
ceiver to  collect  any  debts  for  the  payment  of  which 
security  may  have  bi  ven  under  the  provisions 

oi'  this  Act,  the  debtor  or  his  security  shall  fail  to 
pay  the  same,  then  upon  ten  days  notice  to  said 
debtor  and  his  security,  given  by  said  Receiver,  ■ 
motion  to  be  made  in  sai  I  court  for  judgment  for 
the  amoum  so  secured,  said  court,  at  the  next  term 
thereof,  may  proceed  to  render  judgmenl  against  said 
principal   and    security,  or  against  the  party  served 


with  such  notice,  for  the  sum  so  secured  with  in- 
terest thereon,  in*the  name  oi  said  Receiver.  J»nd  to 
issue  execution  therefor. 

Sec.  7.  Any  person  in  the  possession  and  control 
of  the  subject-matter  of  any  such  suit,  or  claiming 
any  interest  therein,  may,  by  order  of  the  court,  be 
admitted  as  a  defendant  and  be  allowed  to  defend  to 
the  extent  of  the  interest  propounded  by  him;  but 
no  person  shall  be  heard  in  defence,  until  he  shall  file 
a  plea,  verified  by  affidavit  and  signed  by  him,  setting 
forth  that  no  ali  mi  enemy  bus  any  interest  in  the 
right  which  he  asserts,  or  for  which  he  litigates, 
either  directly  or  indirectly,  by  trust,  open  or  secret, 
and  that  lie  litigates  solely  for  himself,  or  for  some 
citizen    ot    the    Confederate    States    whom    he    le- 

lly  represents  :  and  when  the  defence  is  con- 
ducted for  or  cm  account  of  another,  in  whole  or  part, 
the  plea  shall  set  forth  the  name  and  residence  of 
such  other  person,  and  the  relation  that  the  defend- 
aat  bears  to  him  in  the  litigation.  If  the  cause  in- 
volves matter  which  should  be  tried  by  a  jury  ac- 
cording to  the  course  of  the  common  law,  the  de- 
fendant shall  be  entitled  to  a  jury  trial.  If  it  involves 
matters  of  equity  jurisdiction,  the  court  shall  proceed 
according  to  its  usual  mode  of  procedure  in  such 
cases, and  the  several  courts  of  this  Confederacy  may, 
from  time  to  time,  establish  rules  of  procedure  under 
this  act,  not  inconsistent  with  the  act  or  other  laws 
of  these  Confederate  States. 

Sec.  8.  Be  it  further  enacted,  That  the  clerk  of 
court  shall,  at  the  request  of  the  Receiver,  from  time  ? 
to  time,  issue  writs  of  garnishment,  directed  to  one 
or  more  persons,  commanding  them  to  appear  at  the 
then  sitting,  or  at  any  future  term  of  the  court,  and 
to  answer  under  oath  what  property  or  effects  of  any 
alien  enemy  he  had  at  the  service  of  the  process,  or 
since  has  had  under  his  possession  or  control  belong- 
ing to  or  held  for  an  alien  enemy,  or  in  what  sum,  if 


t- 


22 

any,  he  is  or  \\  as.  at  the  time  ot  service  of  the  garnish- 
ee* since  has  been,  indebted  to  any  alien  enemy, 

and    the    court   shall    have    power  to  condemn  the 
property  or  effects,    or  debts,  according   to  the  an- 

r,  and   to   mat  h    Poles   and  orders   for  the 

bringing  in  of  the  third  persons  claiming  or  disclosed 

by  the  answer  to  have  an  interest  in  the  litigation 

as  to  it  shall  seem  proper;  but  in  n->  case  shail  any 

be   heard   in   respect   thereto,  until   he  shall,  by 

rn  plea,  set  forth  sul  lly  the  matters  before 

required   o(  parties    pleading.     And    the  decree  or 
ol  the  court,  in   conformity  to 

jh\s act, shall  forever  :  thegarnishee  in 

|  to  the  matter  involved.  And  in  all  cases  of  gar- 
r  •  i  act,  the  Receiver  may  test  the 
truth  of  the  garnishee's  answer,  by  filing  a  statement, 
under  oath,  that  he  believes  the  answer  to  be  un- 
true, specifying  the  particulars  in  which  he  believes 
the  garnishee  has,  by  omission  or  commission,  not 
answered  truly  ;  whereupon,  the  court  shall  cause  an 
issue  to  be  made  between  the  Receiver  and  garni- 
shee, and  judgment  rendered  as  upon  the  trial  of 
other  issues.  And.  in  all  cases  of  litigation,  under 
this  act,  the  Receiver  may  propound  interrogatories 
to  the  adverse  party  touching  any  matter  involved 
in  the  litigation,  a  copy  of  which  shall  be  served  on 
the  opposite  party  or  his  attorney,  and  which  shall 
be  answered  under  oath  within  thirty  days  of  such 
service,  and  upon  failure  so  to  answer,  the  court 
shall  make  such  disposition  of  the  cause  as  shall  to 
it  seem  most  promotive  of  justice,  or  should  it  deem 
answers  to  the  interrogatories  necessary  in  order  to 
secure  a  discovery,  the  court  shall  imprison  the 
party  in  default  until  full  an  hall  be  made. 

•.  9.  It  shail  he  the  duty  of  the  District  Attor- 
ney ot  the  Confederate  States,  diligently  to  prosecute 
all  causes  instituted  under  this  act,  and  he  shall  re- 
ceive as  a  compensation  therefor  two  per  cent,  upon 


23 

and  from  the  fruits  of  all  litigation  instituted  under 
this  act ;  Provided,  that  no  matter  shall  be  called 
litigated  except  a  defendant  be  admitted  by  the 
court,  and  a  proper  plea  be  filed. 

Sec.  10.  Be  it  further  enacted,  That  each  Re- 
ceiver appointed  under  this  act  shall,  at  least  every 
six  months,  and  as  much  oftener  as  he  may  be  re- 
quired, by  the  court,  render  a  true  and  perfect  ac- 
count of  all  matters  in  his  hands  or  under  his  control 
under  the  law,  and  shall  make  and  state  just  and  per- 
fect accounts  and  settlements  under  oath  of  his  collec- 
tions of  money  and  disbursements  under  this  law, 
stating  accounts  and  making  settlements  of  all  mat- 
ters separately,  in  the  same  way  as  if  he  were  admin- 
istrator of  several  estates  of  deceased  persons  by 
separate  appointments.  And  the  settlement  and 
decrees  shall  be  for  each  case  or  estate  separately, 
so  that  the  transaction  in  respect  to  each  alien 
enemy's  property  may  be  kept  recorded  and  pre- 
served separately.  No  settlement  as  above  provided 
shall,  however,  be  made  until  judgment  or  decree 
of  sequestration  shall  have  passed,  but  the  court 
may  at  any  time  pending  litigation,  require  an  ac- 
count of  matters  in  litigation  and  in  the  possession 
of  the  Receiver,  and  may  make  such  orders  touching 
the  same  as  shall  protect  the  interest  of  the  parties 
concerned. 

Sec.  11.  When  the  accounts  of  any  Receiver  shall 
be  filed  respecting  any  matter  which  has  passed 
sequestration,  the  court  shall  appoint  a  day  for  set- 
tlement, and  notice  thereof  shall  be  published  con- 
secutively for  four  weeks  in  some  newspaper  near 
the  place  of  holding  trie  court,  and  the  clerk  of  the 
court  shall  send  a  copy  of  such  newspaper  to  the 
District  Attorney  of  the  Confederate  States  for  the 
Court  where  the  matter  is  to  be  heard,  and  it  shall 
be  the  duty  of  the  said  District  Attorney  to  attend 
the  settlement    and  represent  the  Government,  and 


24 

to  see  that   a   full,  true  and  just  settlement  is  made; 

The  several  settlements  precedingthe  final  oik- shall 
be  interlocutory  only,  and  may  be  impeached  at  the 
final    settlements,  which   latter  will    be    conclus 
unless  reversed  or  impeached  within  two  years,  lor 

fraud. 

Sec  u.   Be    it    further  enacted,    That    the    court 
having  jurisdiction  of  the  matter   shall,   whenevei 
sufficient  cause  is  shown  therefor,  direct    the  sale  of 
any  persona!  property,  other  than  slaves,  sequestered 
under  this  act,  on    such   terms  i  it   shall  seem 

best,  and  such  sale  shall   pass  the  title  of  the  pen 
as  whose  property  the  same  has  been  s<  questered. 

Sec  13.  All  settlements  of  accounts  of  Receivers 
for  sequestered  property  shall  be  recorded,  and  a 
copy  thereof  shall  be  forwarded  by  the  clerk  of  the 
court  to  the  Treasurer  of  the  Confederate  States, 
within  ten  days  after  the  decree,  interlocutory  or 
final,  has  been  passed  ;  and  all  balances  found 
against  the  Receiver  shall  by  him  be  paid  over  into 
the  court,  subject  to  the  order  of  the  Treasurer  of 
the  Confederate  States,  and  upon  the  failure  of  the 
Receiver  for  five  days  to  pay  over  the  same,  execu- 
tion shall  issue  therefor,  and  he  shall  be  liable  to  at- 
tachment by  the  court,  and  to  suit  upon  his  bond. 
And  any  one  embezzeling  any  money  under  this 
Act  shall  be  liable  to  an  indictment,  and  on  convic- 
tion shall  be  confined  at  hard  labor  for  not  less  than 
six  months  nor  more  than  live  years,  in  the  discre- 
tion of  the  court,  and  fined  in  double  the  amount 
embezzled. 

Sec.  14.  Be  it  further  enacted,  That  the  President 
of  the  Confederate  States  shall,  by  and  with  the  ad- 
vice and  consent  of  Congress,  or  of  the  Senate,  if 
the  appointment  be  made  under  the  permanent  Gov- 
ernment, appoinl  three  discreet  Commission 
learned  in  the  law,  who  shall  hold  at  the  seat  of 
Government    two   terms    each    year,    upon    notice 


25 

given,  who  shall  sit  so  long  as  the  business  before 
them  shall  require ;  whose  duty  it  shall  be,  under 
such  rules  as  they  may  adopt,  to  hear  and  adjudge 
such  claims  as  may  be  brought  before  them  by  any 
one  aiding  this  Confederacy  in  the  present  war 
against  the  United  States,  who  shall  allege  that  he  has 
been  put  to  loss  under  the  act  of  the  United  States, 
in  retaliation  of  which  this  act  is  passed,  or  under 
any  other  act  of  the  United  States,  or  of  any  State 
thereof,  authorizing  the  seizure,  condemnation  or 
confiscation  of  the  property  of  any  citizen  or  resi- 
dent of  the  Confederate  States,  or  other  person  aid- 
ing said  Confederate  States  in  the  present  war  against 
the  United  States,  and  the  finding  of  such  Commis- 
sioners in  favor  of  any  such  claim  shall,  be  prima 
facie  evidence  of  the  correctness  of  the  demand,  and 
whenever  Congress  shall  pass  the  claim,  the  same 
shall  be  paid  from  any  money  in  the  Treasury  de- 
rived from  sequestration  under  this  act:  Provided, 
That  said  Board  of  Commissioners  shall  not  con- 
tinue beyond  the  organization  of  the  Court  of  Claims 
provided  for  by  the  Constitution  ;  to  which  Court 
of  Claims  the  duties  herein  provided  to  be  dis- 
charged by  Commissioners  shall  belong  upon  the 
organization  of  said  court.  The  salaries  of  said 
Commissioners  shall  be  at  the  rate  of  two  thousand 
five  hundred  dollars  per  annum,  and  shall  be  paid 
from  the  Treasury  of  the  Confederacy.  And  it  shall 
be  the  duty  of  the  Attorney  General,  or  his  assist- 
ant, to  represent  the  interest  of  this  Government  in 
all  cases  arising  under  this  act  before  said  Board  of 
Commissioners. 

Sec.  15.  Be  it  further  enacted,  That  all  expenses 
incurred  in  proceedings  under  this  act  shall  be  paid 
from  the  sequestered  fund,  and  the  Judges,  in  set- 
tling accounts  with  Receivers,  shall  make  to  them 
proper  allowances  of  compensation,  taking  two  and  a 
half  per  cent,  on  receipts,  and  the  same  amount  on  ex- 


26 

penditures,  as  reasonable  compensation  in  all  ca 

The  fees  of  the  officers  of  court  shall  be  such  as  are 
allowed  by  law  for  similar  services  in  other  cases,  to 
be  paid,  however,  only  from  the  sequestered  fund  : 
Provided,  that  all  sums  realized  by  any  Receiver  in 
one  year  for  his  services  exceeding  five  thousand 
dollars,  shall  he  paid  into  the  Confederate  Treasury, 
for  the  use  of  the  Confederacy. 

Sec.  \G.  And  be  it  further  enacted,  That  the  At- 
torney General  shall  prescribe  such  uniform  rules  of 
proceeding  under  this  law,  not  herein  otherwise 
provided  for.  as  shall  meet  the  necessities  of  the  case. 

Sec.  17.  Be  it  further  enacted,  Thai  appeals  may 
lie  from  any  final  decision  of  the  court  under  this 
law,  in  the  same  manner  and  within  the  same  time, 
as  is  now,  or  hereafter  may  be  by  law  prescribed 
for  appeals  in  other  civil  cases. 

Sec.    18.  Be   it  further   enacted,    That    the    word 
-  \      '*  person  "  in   this   law  includes  all  private  corpora- 
tions, and  in  all  cases,   when    corporations  become 
parties,  and  this  law  requires  an  oath  to  be  made,  it 
shall  be  made  by  some  officer  of  such  corporation; 

Sec.  19.  Be  it  further  enacted.  Thai  the  courts  arc 
vested  with  jurisdiction,  and  required  by  this  act,  to 
settle  all  partnerships  heretofore  existing  between  a 
citizen  and  one  who  is  an  alien  enemy  ;  to  separate 
the  interest  of  the  alien  enemy,  and  to  sequestrate  it. 
And  it  shall,  also,  sever  all  joint  rights  when  an 
alien  enemy  is  concerned,  and  sequestrate  the  in- 
terest of  such  alien  enemy. 

Sec.  20.  Be  it  further  enacted,  That  inallcasesof 
administration  of  any  matter  or  thing  under  this 
act,  the  court  having  jurisdiction  may  make  such 
orders  touching  the  preservation  of  the  property  or 
effects  under  the  direction  or  control  of  the  Re- 
ceiver, not  inconsistent  with  the  foregoing  provi- 
sions, as  to  it  shall  seem  proper.  And  the  Receiver 
may,  at  any  time,  ask   and  have  the  instructions  ol 


27 

the  court,  or  Judge,  respecting  his  conduct  in  the 
disposition  or  management  of  any  property  or  effects 
under  his  control. 

Sec.  21.  That  the  Treasury  notes  of  this  Confed- 
eracy shall  be  receivable  in  payment  of  all  pur- 
chases of  property  or  effects  sold  under  this  act. 

Sec.  22.   Be  it   further   enacted,  That   nothing  in 
this  act  shall  be  construed    to   destroy  or  impair  the 
lien  or  other  rights  of  any  creditor,  a  citizen  or  resi- 
dent of  either  of  the  Confederate   States,  or  of  any 
other  person,   a   citizen  or  resident  of  any  country, 
State  or  Terriiory  with  which  this  Confederacy  is  in 
friendship,  and  which  person  is  not  in  actual   hos- 
tility to   this  Confederacy.     And  any    lien   or  debt 
claimed  against  any  alien  enemy,  within  the  mean- 
ing of  this  act,  shall  be  propounded  and  filed  in  the 
court  in  which  the  proceedings  of  sequestration  are 
had,  within  twelve   months   from   the  institution    of 
such   proceedings   for  sequestration  ;  and   the  court 
shall  cause  all  proper  parties  to  be  made  and  notices 
to  be  given,  and  shall   hear  and  determine   the  re- 
spective  rights  of  all  parties  concerned :  Provided, 
however,  That  no  sales  or  payments  over  of  money 
shall  be  delayed  for,  or  by  reason  of,  such   rights  or 
proceedings  ;  but  any  money  realized   by  the  Re- 
ceiver, whether  paid  into  the  court,  or  Treasury,  or 
still  in   the  Receiver's  hands,  shall  stand    in  lieu  of 
that  which  produced  said  money,  and  be  held  to  an- 
swer the  demands   of  the  creditors  aforesaid,  in  the 
same  manner  as   that   which  produced  such  money 
was.     And  all  claims  not   propounded  and  filed  as 
aforesaid,  within  twelve  months  as  aforesaid,  shall 
cease  to  exist  against  the  estate,  property,  or  effects 
sequestrated,  or  the  proceeds  thereof. 
Approved  August  30,  1861. 


<J* 


AX  ACT  To* 

<">>oun^MflHK 


CKo.  175.  j 

Iggfio  Debtors  to  pay  »],„ 
",0    ^oasurjr   of  the 


■5S,9?';ll^tConM.Tate 
""<u  account  --nj    ,1       h  t/,a  a«»ouut  nai,i  .„,  r 

;::H3^s~"''.'.',l*trrt':'-'«' 


